Queens Terminal Co. v. Schmuck
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendants, J. Carl Schmuck and others, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 14th day of January, 1910, confirming the report of commissioners of appraisal herein, with notice of an intention to bring up for review an interlocutory judgment of the Supreme Court, entered in the said clerk’s office on the 8th day of February, 1908, appointing the…
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Reargument of an appeal by the defendants, J. Carl Schmuck and others, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 14th day of January, 1910, confirming the report of commissioners of appraisal herein, with notice of an intention to bring up for review an interlocutory judgment of the Supreme Court, entered in the said clerk’s office on the 8th day of February, 1908, appointing the commissioners whose report was confirmed.
1Opinion of the Court
Burr, J.:
The appeal from the order confirming the report of the commissioners of appraisal brings up for review the judgment which appointed them. The right of petitioner to maintain these proceedings lies at the threshold thereof, and may be *504thus reviewed. (Code Civ. Proc. § 3375; Matter of Niagara Falls & Whirlpool R. Co., 108 N. Y. 375.) Attack upon such right is based upon two grounds: First, that statutory authority does not exist to exercise the right of eminent domain for the purpose for which in this instance petitioner seeks to deprive defendants of then lands, and, second, that the…
2Cases cited9 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- Kip v. . New York and Harlem R.R. Co.New York Court of Appeals · 1876
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3Cited by3 opinions
- Williams v. HylanAppellate Division of the Supreme Court of the State of New York · 1928
- Williams v. HylanNew York Supreme Court · 1926
- Long Island Railroad v. JonesAppellate Division of the Supreme Court of the State of New York · 1912